597 results for 'cat:"Administrative Law"'.
J. Pratt finds the administrative law judge properly ruled in favor of the gaming commission in the gaming license holders' challenge to a rule that bars card room license holders from gambling where they work. The commission's authority under Florida statutes encompasses the regulation of card room operations, including the rule the license holders dispute, so their challenge fails. Affirmed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: May 17, 2024, Case #: 22-1477, Categories: administrative Law, Agency
Per curiam, the appellate division finds that the lower court properly found for the city in a dispute over its finding that the property owners received an overpayment on their Build it Back Better Grant, a Superstorm Sandy disaster recovery program, and must repay $222,000. The property owners made an inaccurate claim of the amount of insurance proceeds they received, violating their obligations under the terms of the grant. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02761, Categories: administrative Law, Property
J. Lamberth enters judgment in favor of the Patent and Trademark Office in a case which saw the federal circuit hold that the office may assert prosecution laches as an affirmative defense in civil actions brought by patentees to obtain patents. In light of that decision, the patentee has not sufficiently demonstrated that he had a legitimate, affirmative reason for delaying his assertion of numerous patents, nor that his prosecution conduct was not an abuse of the patent office's patent examination system.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: May 16, 2024, Case #: 1:05cv2310, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Patent
J. Boyle grants the North Carolina and National Wildlife Federations’ motions to intervene in this litigation where a businessman moved for preliminary injunctions against the federal Department of Environmental Protection after it expanded the Clean Water Act that allegedly threatens the businessman’s seafood company. Initially, the businessman objected to the federations joining the department’s party, but has since changed his mind. Since the federations timely moved to intervene and have a vested interest in the litigation, they are allowed to join.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: May 16, 2024, Case #: 2:24cv13, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Environment
J. Horton finds the county court improperly denied the earth mover's attorney's motion to reinstate/for new trial. The earth mover's case was dismissed, and the client/property owner received $19,891 on its contract breach counterclaim after the earth mover's attorney failed to appear. The attorney, who was involved in another proceeding due to a scheduling conflict, requested that his clerk go to the other courtroom to let them know that he would be there. The clerk instead checked the court’s webpage “for an update,” which resulted in the attorney’s unintentional failure to appear. This reasonably explains that the attorney's absence was not due to conscious indifference. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: May 16, 2024, Case #: 09-22-00323-CV, Categories: administrative Law, Due Process, Contract
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Per curiam, the appellate division finds that the lower court properly declined to overturn the New York State Division of Housing and Community Renewal's refusal to overturn order of a rent administrator. Although the tenants attested to the importance of elevator operators to the security of the building, eliminating them did not violate city regulations. The landlord has provided an adequate substitute in the form of new employees. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02656, Categories: administrative Law, Landlord Tenant
J. Edwards upholds the district court's dismissal of a family's claims arising from delays caused by security screenings they endured during their domestic and international travels. They fail to show they have standing to pursue their claims. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: May 14, 2024, Case #: 23-5074 , Categories: administrative Law, Constitution
Per curiam, the Arkansas Supreme Court has determined the exercise of superintending authority may be appropriate as to the request for removal of the trial judge in the underlying matter. The record shows the judge may have acted in ways that do not promote confidence in the judiciary and has possibly not been impartial.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: May 13, 2024, Case #: CV-24-295, Categories: administrative Law, Judiciary
J. Oliver grants the federal government's motion for summary judgment, ruling the transaction history of the convenient store, including large, successive purchases made by a single household, is sufficient to support the government's conclusion of SNAP benefit trafficking, while the permanent ban sanction was not unreasonable because the store submitted no contrary evidence.
Court: USDC Connecticut, Judge: Oliver, Filed On: May 13, 2024, Case #: 3:21cv823, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Government, Sanctions
Per curiam, the Vermont Supreme Court finds the employment security board properly adopted a decision by an administrate law judge that this employment appeal was untimely filed. The employee alleges the pandemic, her health and a mailing delay were the reasons her appeal was past the 30 days allowed for filing. The court holds that her reasons do not qualify as valid ground to extend the appeal period. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-259, Categories: administrative Law, Employment
J. Cradle finds the Commissioner of Motor Vehicles properly found the towing company levied excessive charges against a customer and ordered it to pay restitution. It not only failed to abide by statutory hourly rates for emergency recovery services, but did not provide any explanation for certain charges and failed to keep adequate records. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 10, 2024, Case #: AC45605, Categories: administrative Law, Evidence, Vehicle
Per curiam, the appellate division finds that the lower court properly granted the petition to place the candidate's name on the ballot for the primary election for the Democratic nomination for the office of Village Justice of the Village of Spring Valley. The designating petition contained 409 valid signatures, two more than required to place the candidate's name on the ballot. Incorrect addresses of two registered voters is not a fatal defect requiring the signatures to be voided. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 10, 2024, Case #: 02654, Categories: administrative Law, Elections
J. Cooper denies the elections watchdog group's motion to compel production of internal communications and documents regarding the Federal Elections Commission's deliberations on key votes in the watchdog's pursuit of a finding that a Political Action Committee failed to organize, register and report as required under the law. The commission has produced its administrative record, but this motion has been construed as a motion to complete or supplement that record. The commission has, however, shown that omitted documents are protected by the deliberative-process privilege.
Court: USDC District of Columbia, Judge: Cooper, Filed On: May 10, 2024, Case #: 1:22cv35, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Discovery, Privilege
J. Pittman finds that the United States Chamber of Commerce is entitled to a preliminary injunction in suit against the Consumer Financial Protection Bureau over a rulemaking that would limit credit card payment late fees. The Fifth Circuit Court has already ruled that the bureau’s action was unconstitutional after a series of court transfers and rulings segmented this portion of the case under the jurisdiction of USDC Northern Texas’ Fort Worth division. In consideration of the Fifth Circuit ruling, there is sufficient likelihood that the chamber of commerce shall succeed, so the injunction is granted, and the Consumer Financial Protection Bureau’s regulation amendment is stayed.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: May 10, 2024, Case #: 4:24cv213, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Government, Consumer Law
J. Harpool finds for the nonprofit in a suit challenging Missouri's administration of the Supplemental Nutrition Assistance Program, which has understaffed the program's call center leading to unacceptable wait times and thousands of calls that cannot be completed. In 2023, almost 60,000 applications were denied for failure to complete an interview. These denials were not based on the merits of the applications but the failure of the system to offer a reasonable opportunity to interview. The agency must file a report within 30 days detailing the changes it will make to SNAP benefits reasonably accessible, as well as file monthly reports on the number of applications denied due to the failure to conduct timely interviews.
Court: USDC Western District of Missouri, Judge: Harpool, Filed On: May 9, 2024, Case #: 2:22cv4026, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Government, Agency
J. Jones finds that the trial court properly ruled in favor of the Texas State Board of Dental Examiners, granting its plea to the jurisdiction in a lawsuit brought by a dentist who challenged disciplinary actions taken against him. Officials enjoy a broad authority to interpret rules and statutes and the alleged violations do not merit waiving the board's immunity. Affirmed
Court: Texas Courts of Appeals, Judge: Jones, Filed On: May 9, 2024, Case #: 03-22-00752-CV, Categories: administrative Law, Government, Immunity
Per curiam, the appellate division finds that the lower court properly affirmed the board's decision to deny the correction officer disability retirement benefits. The board reasonably found that the officer's disabling knee condition was the result of a degenerative condition, and not related to a work incident. The board's finding that she did not suffer a shoulder-related disability was supported by credible evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02538, Categories: administrative Law, Employment
J. Walker finds that the lower court properly found the pension fund correctly terminated the firefighter's pension benefits following his guilty plea to various federal crimes. The law permits the fund to file a new action, as it did here, to divest a member of his pension benefit award upon a conviction for a service-related felony without the need to retain jurisdiction upon the granting of the initial award. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 8, 2024, Case #: 231311, Categories: administrative Law, Pensions, Jurisdiction
Per curiam, the appellate division finds that the administrative judge properly found the residential school for children with autism committed category four neglect by failing to record a calorie count for a child, as requested by a dietician, and failing to notify a nurse when the child refused meals. The evidence supports a finding that the center failed to adequately train staff regarding the meal refusal policy or to timely inform staff of care directives. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02534, Categories: administrative Law, Health Care
J. McBride finds that the lower court properly found for the police department on an officer's challenge to his termination seeking $1 million in back pay. The officer lied about his spinal injury, maintaining he could not drive while taking a second job requiring him to drive hundreds of miles and falsely claiming he had submitted secondary employment authorization forms to the department. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: May 7, 2024, Case #: 230256, Categories: administrative Law, Employment
Per curiam, the Oklahoma Supreme Court approves the Lee Griffin's resignation. Griffin is aware the bar is investigating grievances filed against her, including that she allegedly failed to disburse funds transferred to her upon the sale of marital property in three separate divorce proceedings, as well as failing to take action to seek grandchildren visitation rights on a client's behalf with attorney fees having been paid in advance. She also has pending criminal charges for embezzlement. The attorney's resignation was freely and voluntarily entered.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 6, 2024, Case #: SCBD-7650, Categories: administrative Law, Fiduciary Duty, Attorney Discipline
Per curiam, the Oklahoma Supreme Court approves the Joseph Dewayne Kalka's resignation. Kalka pleaded guilty to charges of domestic abuse by attempted strangulation of his wife and striking her head, face and body. The attorney's resignation affidavit was freely and voluntarily entered, with full awareness of the consequences.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 6, 2024, Case #: SCBD-7576, Categories: administrative Law, Assault, Attorney Discipline
J. Blacklock finds that the court of appeals improperly affirmed a jury verdict in favor of two City of Denton employees who sued the city under the Texas Whistleblowers Act after they were allegedly fired for reporting a member of the city council for meeting with a reporter at their home, violating the Public Information Act and the Open Meetings Act. The city council members are not paid, thus making the council member not an employee who would otherwise be covered under the Act. Furthermore, her actions were hers alone and not on behalf of the city council. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: May 3, 2024, Case #: 22-1023, Categories: administrative Law, Government, Whistleblowers
J. Childs vacates the district court's finding for the Small Business Administration on a concert tour company's challenge to the agency's rejection of its application for a $4.9 million grant in connection with Covid-19 under the Shuttered Venue Grants program. The agency ignored relevant proof supporting the company's eligibility for the grant, including more than 100 pages of creative elements it used to design concerts for the band, Twenty One Pilots, and its financial role in the tour. Vacated.
Court: DC Circuit, Judge: Childs, Filed On: May 3, 2024, Case #: 22-5253 , Categories: administrative Law, Government
J. Fisher finds that the lower court improperly annulled the decision authorizing an oversight agency to use an aquatic herbicide to control spread of the invasive Eurasian watermilfoil in Lake George. The board of the Adirondack Park Agency rationally approved the permit, as members received scientific studies and research demonstrating that the herbicide would be minimally harmful to native plants and water insects and more cost-effective than previously attempted eradication methods. Meanwhile, the agency was due judicial deference on factual evaluations within its area of expertise. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: May 2, 2024, Case #: CV-23-0672, Categories: administrative Law, Environment
J. Howard reverses, in part, a workers' compensation review board decision to uphold an administrative law judge's decision to grant only a 5 percent impairment to a worker, rather than the 35 percent recommended by her treating doctor. The board failed to require the judge explain why the doctor's impairment ratings were not clear. Reversed in part.
Court: DC Court of Appeals, Judge: Howard, Filed On: May 2, 2024, Case #: 22-AA-0957, Categories: administrative Law, Workers' Compensation